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(영문) 서울고등법원 2016.03.09 2014나2045964
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The gist of the plaintiffs' assertion E (hereinafter "the deceased") is the deceased's son and woman who is the deceased's son and woman of J, who is the deceased's son and the deceased's son and the deceased's son and the deceased's son and the deceased's son, as the births of the deceased.

Although it is too long time or place of the deceased's work is not clear, the deceased was made a sacrificeless by the defendant, and was decided by the past History Settlement Committee (hereinafter "Settlement Committee") to presume the deceased as a victim, so the defendant should pay the plaintiffs the money stated in the purport of the claim as consolation money.

2. Determination:

A. Although the report of investigation by the reorganization committee on the relevant legal principles also becomes a valuable evidence in a civil lawsuit claiming damages against the State, barring any special circumstance, the fact that a decision by the reorganization committee on the confirmation of the victims or a decision on presumption of presumption was rendered does not have to examine the relation, credibility, etc. of the grounds for recognition, and the fact that all the persons are victims by the military or the police or the state, and thus, it cannot be said that the State's tort liability should be recognized.

In the end, there are considerable credibility in the investigation report of the reorganization committee to arrange the overall flow of the case and the present situation and the overall contents of the case.

However, in the case of a claim for civil damages against the state, it shall undergo the procedure of confirmation by evidence, such as individually examining the relevant part of the investigation report as to whether an individual party is a victim of the relevant case in the whole Gu.

Therefore, even in the procedure, it cannot be said that the content of the investigation report or disposition by the reorganization committee has the same effect as that of the presumption of fact, or does not allow any counter-certificate.

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